EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

08.06.17

Software Patents Are Worthless, But the Patent ‘Industry’ Continues Coming Up With Its ‘Alternative Facts’ to Sell ‘Services’

Posted in Deception, Patents at 11:19 am by Dr. Roy Schestowitz

More like a disservice and patently poor advice

Ripoffs

Summary: Software patents and patent lawsuits (which may be going nowhere) are being ‘sold’ by an industry that cares only about its own bottom line

THE DOMAIN of patents is dynamic, not static. The quality of US patents is improving and lawsuits become fewer. That’s a good thing for everyone except the patent ‘industry’.

Earlier this weekend veteran journalist Chris Preimesberger wrote this article about patents on facial recognition. I reviewed some papers in this area (for the international IEEE journal) and it’s perfectly clear that these patents should be considered patent-ineligible under Alice because it’s all reducible to plain mathematics. Why are examiners still granting such patents?

“Why are examiners still granting such patents?”A couple of days ago, Stephen Middleton from a law firm known as Von Seidels published this article titled “What software is eligible for a patent?”

Well, basically the more important question should be, what software patents would ‘survive’ in court? Very few of them do, even if some continue to be granted. Here is what Middleton said:

As patent-eligibility differs from one country to the next, this article generally covers US and European eligibility requirements.

Taking an existing algorithm or method which is already known and applying it using a computer is not likely to be a patent-eligible invention, even if you are the first person to do so.

The same would be true if the algorithm could be performed by a human, for example using a pen and paper. There must be something more. Generally speaking, the algorithm must provide a “technical solution” to a “technical problem”.

Completely vague and meaningless terms (decorative, spurious adjectives that can refer to pretty much anything). We wrote about these before. It’s more common to simply try to associate the software with some “device” (like any general-purpose, programmable computer) for the sake of misleading the examiner/s. It’s not worth granting. It’s a farce.

“It’s more common to simply try to associate the software with some “device” (like any general-purpose, programmable computer) for the sake of misleading the examiner/s.”In Europe, not just in the US, these patents don’t have a good track record in recent years. If granted, these tend to be useful only outside the courts (e.g. if asserted in bulk and/or against a poor person/company).

We have become accustomed to “marketing” (dressed up as news) like the above. The law firms would say anything if there’s potential for profit. Here is another new example (days old) where the patent microcosm basically says, go sue lots of people with patents (because the microcosm profits from the litigation, no matter the outcome).

“The only “product” here is sold by law professionals, to whom so-called ‘services’ like sending threatening letters are a form of ‘production’.”Some companies seriously heed such advice and proudly sue others. Bigbelly (real company name) turns out to be a big bully, which issued a press release to announce litigation, naming “U.S. and European patents.” It was mentioned the other day by some media, but what is there to cover really? It’s litigation over patents, not some new products or anything of interest to the general public. 3 days ago another company paid for a press release regarding patent litigation rather than an actual product. The only “product” here is sold by law professionals, to whom so-called ‘services’ like sending threatening letters are a form of ‘production’.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. When Google Used Alex Converse to Raid the Public Domain With Software Patents

    In its overzealous pursuit of software patents, Google is now turning public domain methods into private 'property' (in defiance of critics)



  2. Mark Kokes, the Man Behind BlackBerry's Patent Aggression, Leaves the Company

    The man behind the patent troll-like behaviour of BlackBerry is leaving



  3. WordPress Demonstrates That Facebook's Patent Strategy is Deterring/Alienating Developers

    React is being dumped following Facebook's attempt to restrict distribution/derivatives using software patents



  4. Links 19/9/2017: Pipewire, Mir Support for Wayland, DRM in W3C

    Links for the day



  5. Links 18/9/2017: Linux 4.14 RC1, Mesa 17.2.1, and GNOME 3.26 on Ubuntu Artful

    Links for the day



  6. Patent Trolls Update: Eolas, Conversant (MOSAID), Leigh Rothschild, and Electronic Communication Technologies

    Patent trolls are still being watched -- as they ought to be -- even though some of them shy away, hide from the media, engage in dirty tricks, and file more lawsuits



  7. Microsoft is Promoting Software Patents in India in Another Effort to Undermine Free/Open Source Software, Microsoft-Connected Trolls Are Still Suing

    The ongoing patent threat to Free/libre Open Source software (FLOSS) and the role played by Microsoft in at least much of this threat



  8. Patent Trial and Appeal Board (PTAB) Under Attack by IBM and Other Patent Parasites Who Undermine Patent Quality

    The PTAB, which has thus far invalidated thousands of abstract/software patents, is under a coordinated attack not by those who produce things but those who produce a lot of lawsuit



  9. Why the Mohawk Tribe Should Fire Its Lawyers and Dump the Patents Which Now Tarnish Its Name

    In order to dodge the Patent Trial and Appeal Board (PTAB) with its Inter Partes Reviews (IPRs), the Mohawk tribe is being exploited -- very much in direct detriment to its reputation and status



  10. Amazon and Google Have Both Become Part of the Software Patents Problem

    The transition from so-called 'defensive' patents to offensive patents (ones that are used to suppress competition) as seen in Amazon and in Google, which is already suing rivals and is pursuing additional patents by acquisition



  11. Unless Physical, Inventions Are No Longer Patent-Eligible in US Courts, But USPTO Ignores Precedence

    Even though the ability to enforce software patents against a rival (or many targets, especially in the case of patent trolls) is vastly diminished, the US patent office continues to grant these



  12. Citing the European Patent Convention, Spanish Court Tosses Lawsuit With EPO-Granted European Patent

    The quality of European Patents (EPs) -- a subject of growing levels of scrutiny -- as demonstrated in Barcelona this summer



  13. Links 16/9/2017: More of “Public Money, Public Code”, Equifax Failed to Patch for Months

    Links for the day



  14. BlackBerry Has Turned Into a Patents and Licensing Company

    The Canadian company that made fairly reputable phones early in this century is left with nothing but the power to sue other companies -- a power to which it increasingly gravitates



  15. European Patent Office Continues to Paint a Rosy UPC Picture Even Though the UPC May Already be Dead

    The European Patent Office (EPO) doesn't let facts get in the way as another week passes with UPC promotion and further staff repressions



  16. Tax Evasion by Patent Boxes and Lies About Small Businesses (SMEs) in the Corporate Media

    The lobbying effort of the patent 'industry' -- and its largest beneficiaries -- paints its own perks as something that's intended for their small/minuscule competitors (whom they actually attempt to misrepresent and crush)



  17. Links 15/9/2017: Mesa 17.2.1 RC, Wine 2.17, WordPress to Ditch React Over Patents

    Links for the day



  18. The UPC Fantasy is Going Nowhere as Complaints and Paperwork Pile Up

    Many submissions and complaints about the Unitary Patent have time to arrive before the end of October as a decision on the matter seems as distant as 2018



  19. At Event of EPO SLAPP Firm, a Suggestion That the UPC Should be Scrapped Because It's Stuck

    Just like the TPP, the UPC is now in a potentially fatal deadlock, so people with a stake in the outcome consider starting again (almost from scratch)



  20. Watchtroll Helps the EPO Peddle Fake News About the Unitary Patent (UPC)

    The Unified Patent Court (UPC) isn't happening; the EPO, however, keeps on pretending that it can already operate as though the UPC got the green light



  21. Links 14/9/2017: Plasma 5.11 Beta, Q4OS 1.8.8, Orion

    Links for the day



  22. Links 13/9/2017: Blender 2.79, Qt 5.10 Alpha, GNOME 3.26 “Manchester”, Parrot 3.8

    Links for the day



  23. Amazon's Infamous Patent is Dead and the World's Richest Man Failed to Fulfill His Promise on Software Patents

    Amazon continues piling up a lot of software patents even though its founder once pretended (only after enormous public backlash) that he would pursue far shorter terms for software patents



  24. EPO Gets Together With Patent Radicals to Promote Software Patents

    Watchtroll, a widely-known site of patent extremists with the agenda of promoting software patents, gets together with the EPO for a puff piece in the form of an "exclusive" interview



  25. Patent Boxes Are for Tax Avoidance, But in the Land of Tax Avoidance (Switzerland) No Avoidance for Software Patents

    The world leader in European Patents (EPs) refuses to acknowledge software patents or barely respects these



  26. Latest Attempts to Blow Air Into the Sails of the Sinking Unitary Patent (UPC)

    A survey of the latest media mentions and interpretations of the UPC, which don't quite stack up when compared to reality



  27. Links 12/9/2017: Linux 4.13.1, digiKam 5.7.0

    Links for the day



  28. Patent Maximalism Duo: Watchtroll and Patently-O Now Conjoined and Mutually Referencing One Another

    Radical sites like Watchtroll are spreading their ideology and harassment tactics to sites such as Patently-O, run by Dennis Crouch from the University of Missouri School of Law



  29. Complaints About Google Patents, R3 Patents, and the EFF's Campaign of Exposing/Disarming Patent Trolls

    A mix of interesting developments surrounding patents, including a nasty campaign by Dominion Harbor Group to smear patent reformers



  30. Latest Assaults on PTAB and More PTAB Bashing, This Time by Anticipat

    The Patent Trial and Appeal Board (PTAB), which helps eliminate patents granted in error (a lot of software patents), is still besieged by the patent 'industry'


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts